Variance Information

Dept/Div. Contact: Planning Division - (209) 577-5267

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Description: Most new construction in Modesto is
expected to comply with the regulations in the
Zoning Code (i.e., setbacks from property lines,
height limits, parking requirements, etc.). However,
there are some instances where compliance with the
development regulations creates a hardship for the
property owner due to unusual characteristics of the
parcel involved. A variance may be requested to
deviate from Zoning Code requirements.

Examples:
The property is unique compared to typical parcels
due to its unusual size, shape, topography,
location, surroundings, or other physical
characteristics.

PROCESS OVERVIEW:

Submit Preliminary Proposal

This submittal is an optional courtesy review by
Planning staff, which provides applicants with
preliminary feedback on variance proposals
prior to submitting a full application. It does
not include review by other departments
or divisions.

Submit an Application

Once the
preliminary proposal has been reviewed and
approved, an application will need to be
submitted. Most projects will take 11-12 weeks to
process. Some projects may take longer than others
depending on environmental impacts and other conditions.

Depending upon the type of use proposed, State law
may required an analysis of the project's environmental
effects. A separate application for environmental review
may be necessary.

Information/Forms: (#VARA)

Project Review

All application packets must be received by a Planner
to determine if all submittal criteria have been met. A
Project Planner will be assigned to process the
application and will review the application with staff
members from other departments for their input.

Staff Report

When the Project Planner review period has ended and
the identified issues have been resolved, the
application is scheduled for a public hearing before the
Board of Zoning Adjustment. A
staff report is written, and a copy is mailed to the
applicant. The staff report includes staff's
recommendation and conditions to be applied to the
project, if applicable.

Public Notification

Public Hearing notices are sent to all property
owners within 300 feet of the property 20 days
prior to the Board of Zoning Adjustment hearing.

Public Hearing

Board of Zoning Adjustment
At the Board of Zoning Adjustment meeting,
staff provides an oral report on the proposal
and the staff recommendation. The applicant is
then given an opportunity to address the
Board of Zoning Adjustment
and members of the public
are asked for input. The Board of Zoning Adjustment
then makes its decision for approval or denial based on the ability to
make the following findings:

There are special circumstances or conditions
applicable to the property or building in question
which do not exist for other properties or buildings
in the same zone and immediate vicinity.

The special circumstances or conditions are such
that strict application of the provisions of this
Chapter (MMC, Section 10-2.2502) would deprive the
applicant of practical use of the property or
buildings.

Granting of the variance will be consistent with
the intent and purpose of this Chapter and will not
be detrimental to the neighborhood or public
welfare.

appeal

During a 15-day period after the public hearing, the
applicant or members of the public may appeal the
Board's decision to the City Council
by filing a letter of appeal with the
City Clerk's Office (fee).
Denials by the City Council cannot be appealed.

Post-Application Information

Subsequent to project approval there may be
additional processes required before a project can be
constructed, such as obtaining a
building permit;
additional fees may be
incurred.

Related Forms & Handouts(#VAR)

These documents are provided in PDF Format. You
must have a PDF viewer in order to open these documents.
Click here for the free Adobe Acrobat viewer

Have
Questions?

Contact our Planning Division at
(209) 577-5267.

INFORMATION FROM CITY OF MODESTO DEVELOPMENT CENTER WEBSITE:
www.modestogov.com/development

Information provided through the Development Center is for general reference and may not apply to your project
Please call (209) 577-5232 for more information.